Goto Section: 63.20 | 63.22 | Table of Contents
FCC 63.21
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 63.21 Conditions applicable to all international Section 214
authorizations.
International carriers authorized under Section 214 of the Communications
Act of 1934, as amended, must follow the following requirements and
prohibitions:
(a) Each carrier is responsible for the continuing accuracy of the
certifications made in its application. Whenever the substance of any such
certification is no longer accurate, the carrier shall as promptly as
possible and, in any event, within thirty (30) days, file with the
Commission a corrected certification referencing the FCC file number under
which the original certification was provided. The information may be used
by the Commission to determine whether a change in regulatory status may be
warranted under Sec. 63.10. See also Sec. 63.11.
(b) Carriers must file copies of operating agreements entered into with
their foreign correspondents as specified in Sec. 43.51 of this chapter and
shall otherwise comply with the filing requirements contained in that
section.
(c) Carriers regulated as dominant for the provision of a particular
international communications service on a particular route for any reason
other than a foreign carrier affiliation under Sec. 63.10 shall file tariffs
pursuant to Section 203 of the Communications Act, 47 U.S.C. 203, and part
61 of this chapter. Except as specified in Sec. 20.15(d) of this chapter with
respect to commercial mobile radio service providers, carriers regulated as
non-dominant, as defined in Sec. 61.3 of this chapter, and providing detariffed
international services pursuant to Sec. 61.19 of this chapter must comply with
all applicable public disclosure and maintenance of information requirements
in Sec. Sec. 42.10 and 42.11 of this chapter.
(d) Carriers must file annual reports of overseas telecommunications traffic
as required by Sec. 43.61 of this chapter.
(e) Authorized carriers may not access or make use of specific U.S. customer
proprietary network information that is derived from a foreign network
unless the carrier obtains approval from that U.S. customer. In seeking to
obtain approval, the carrier must notify the U.S. customer that the customer
may require the carrier to disclose the information to unaffiliated third
parties upon written request by the customer.
(f) Authorized carriers may not receive from a foreign carrier any
proprietary or confidential information pertaining to a competing U.S.
carrier, obtained by the foreign carrier in the course of its normal
business dealings, unless the competing U.S. carrier provides its permission
in writing.
(g) The Commission reserves the right to review a carrier's authorization,
and, if warranted, impose additional requirements on U.S. international
carriers in circumstances where it appears that harm to competition is
occurring on one or more U.S. international routes.
(h) Subject to the requirement of Sec. 63.10 that a carrier regulated as
dominant along a route must provide service as an entity that is separate
from its foreign carrier affiliate, and subject to any other
structural-separation requirement in Commission regulations, an authorized
carrier may provide service through any wholly owned direct or indirect
subsidiaries. The carrier must, within thirty (30) days after the subsidiary
begins providing service, file with the Commission a notification
referencing the authorized carrier's name and the FCC file numbers under
which the carrier's authorizations were granted and identifying the
subsidiary's name and place of legal organization. This provision shall not
be construed to authorize the provision of service by any entity barred by
statute or regulation from itself holding an authorization or providing
service.
(i) An authorized carrier, or a subsidiary operating pursuant to paragraph
(h) of this section, that changes its name (including the name under which
it is doing business) must notify the Commission within thirty (30) days of
the name change. Such notification shall reference the FCC file numbers
under which the carrier's authorizations were granted.
(j) Subject to the availability of electronic forms, all notifications and
other filings described in this section must be filed electronically through
the International Bureau Filing System (IBFS). A list of forms that are
available for electronic filing can be found on the IBFS homepage. For
information on electronic filing requirements, see part 1, Sec. Sec. 1.1000 through
1.10018 of this chapter and the IBFS homepage at http://www.fcc.gov/ibfs.
See also Sec. Sec. 63.20 and 63.53.
[ 61 FR 15732 , Apr. 9, 1996, as amended at 62 FR 45762 , Aug. 29, 1997; 62 FR 64758 , Dec. 9, 1997; 64 FR 19065 , Apr. 19, 1999; 66 FR 16881 , Mar. 28, 2001;
67 FR 45391 , July 9, 2002; 67 FR 57344 , Sept. 10, 2002; 70 FR 38798 , July 6,
2005]
Goto Section: 63.20 | 63.22
Goto Year: 2007 |
2009
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